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Administrative Rule 39 - RECORDING DISTRICT COURT TRIALS AND PROCEEDINGS, AND PREPARING TRANSCRIPTS

Effective Date: 3/1/2023

SECTION 1. AUTHORITY

Under N.D. Const. art. VI, § 3, the supreme court has the authority to establish policies and procedures to be followed by all courts of the state. The court also has specific authority to establish policies relating to personnel under N.D.C.C. § 27-02-05.1 and relating to court records under N.D.C.C. § 27-02-05.2.

SECTION 2. PRESERVING THE RECORD

Except in small claims court cases under N.D.C.C. ch. 27-08.1 and in traffic cases under N.D.C.C. § 39-06.1-03, the record of testimony and proceedings of the district court must be preserved using audio-recording software, video-recording software, or stenographic shorthand notes. All electronic recording software must meet the minimum specifications established in administrative policies.

SECTION 3. FILING

The court reporter must file all shorthand notes of the proceeding with the clerk of district court at the conclusion of the trial or proceeding or as soon after as is practical. All audio recordings and annotations or tags must be maintained in the electronic recording software.

SECTION 4. ACCESS TO ORIGINALS

(a) Employees

An employee of the district court, or other individual under contract with the court, who is charged with preparing the transcript may access audio recordings or shorthand notes for the purpose of preparing the transcript. All audio recordings maintained in the electronic recording software may be accessed through the electronic recording software or a recording may be replicated.

(b) Non-Employees

If the court staff who attended the proceeding is not able to prepare the transcript, the court may order that another person be allowed to access the shorthand notes or audio recording.

SECTION 5. TRANSCRIPT - DUTY TO PREPARE

Court staff must prepare a transcript of the proceeding upon receiving an order from the court or an order for transcript from the clerk of district court and upon payment of fees. Each district must establish procedures to ensure that transcripts are prepared in accordance with time lines established in the North Dakota Rules of Appellate Procedure.

SECTION 6. CRIMINAL ACTION PREPARED AT STATE EXPENSE

A judge of a district court in which a criminal action or proceeding has been tried, on the judge's own motion or on application of the defendant or the state's attorney of the county, may order a transcript of the action or proceeding, or of any part, to be made at state expense whenever there is reasonable cause.

SECTION 7. FORM OF TRANSCRIPT

The transcript must be prepared in the form prescribed by N.D.R.App.P. 10.

SECTION 8. CERTIFICATION

The transcript must be certified by the person preparing the transcript in accordance with N.D.R.App.P. 10.

SECTION 9. FEES

(a) Individuals Employed by the Judiciary

Court staff must receive a transcript preparation fee as established by administrative policy.

(b) Non-Judicial Employees

If the transcript is prepared by an individual who is not a judicial employee, payment will be made directly to the preparer, at a rate not to exceed administrative policy, and in accordance with N.D.R.App.P. 10.

(c) Originals and Copies

The original shorthand notes or audio recording of the proceeding are the property of the state of North Dakota. The transcript is the property of the state of North Dakota after it has been filed with the clerk of district court.

Administrative Rule 39 was adopted, effective March 1, 1995; amended effective July 1, 1997; March 1, 1998; December 1, 2019; August 11, 2021; March 1, 2023.

SOURCES: Joint Procedure Committee Minutes of January 27, 2022, pages 2-4; September 30, 2021, pages 14-15; January 30, 1997, pages 9-10.

CROSS REFERENCE: N.D.R.App.P. 10 (The Record on Appeal).

Effective Date Obsolete Date
03/01/2023 View
08/11/2021 03/01/2023 View
12/01/2019 08/11/2021 View
03/01/1998 12/01/2019 View
07/01/1997 03/01/1998 View
03/01/1995 07/01/1997 View